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BofA's Lewis Takes Fire for Merrill Deal, But Bernanke Under Scrutiny Too

Posted Jun 11, 2009 03:37pm EDT by Aaron Task in Newsmakers, Banking
Testifying before Congress, Bank of America CEO Ken Lewis was in the hot seat Thursday but he wasn't alone. Ben Bernanke also faced scrutiny for the Fed's role in Bank of America's controversial acquisition of Merrill Lynch.

Despite being asked directly by several members of the House Oversight Committee, Lewis declined to say overtly he went through with the deal because of pressure from Bernanke and then-Treasury Secretary Hank Paulson. "I would say they strongly advised and they spoke in strong terms, but I think it was with the best intentions," Lewis said.

Lewis was treated harshly for not being forthcoming on that point, and for not telling BofA shareholders about his concerns about Merrill's losses prior to their voting on the deal in early January. Most notably, Dennis Kucinich (D.-Ohio) accused Lewis of abandoning his fiduciary duties and trying to get the Fed to give him cover to keep BofA shareholders in the dark.

But Bernanke also came under criticism, notably from Darrell Issa (R.-Calif.), after emails about the chairman's role in the "negotiations" between the government and BofA came to light.

The very fact the House subpoenaed the Fed's emails is noteworthy, and are consistent with growing support for Ron Paul's bill (HR 1207) to audit the Fed.

The fact Bernanke and the Fed aren't being treated with the same reverence afforded Alan Greenspan is a sign of progress, or a least a lesson learned. But the risks to the Fed's independence have grown dramatically in the past 18 months and represents a very delicate issue, given concerns about their "exit strategy" from the current liquidity push.

 

33 Comments

Yahoo! Finance User
Yahoo! Finance User - Thursday June 11, 2009 03:45PM EDT

What's Bernanke still doing here, anyway? He should have left when his buddy Hank did.

Elmer
Elmer - Thursday June 11, 2009 03:51PM EDT

Keep the government out of the private sector, they only screw things up.

Yahoo! Finance User
Yahoo! Finance User - Thursday June 11, 2009 03:57PM EDT

Everyone was throwing fastballs to stop a world-wide financial meltdown. No one should be surprised as to what we are hearing. Another Congressional committee investigating the obvious.

Yahoo! Finance User
Yahoo! Finance User - Thursday June 11, 2009 03:58PM EDT

can we keep it real? there ain't nothing goin on except gov't guarantees. u think we're gonna recover on that? even with another 3T from the gov't? no. we as a country need income and we don't have it. It's not even about spending too much, it's about income. Anyone who's gone bankrupt knows that. Profits on consumer spending ain't gonna cut it. Holla if you think the banking model is gonna revive us... so quiet in here.

Yahoo! Finance User
Yahoo! Finance User - Thursday June 11, 2009 03:58PM EDT

can we keep it real? there ain't nothing goin on except gov't guarantees. u think we're gonna recover on that? even with another 3T from the gov't? no. we as a country need income and we don't have it. It's not even about spending too much, it's about income. Anyone who's gone bankrupt knows that. Profits on consumer spending ain't gonna cut it. Holla if you think the banking model is gonna revive us... so quiet in here.

davids
davids - Thursday June 11, 2009 04:02PM EDT

Llet's see some e-mails from Barney Frank and Chris Dodd to Fanny and Freddy hidding huge losses and sticking it Franks way to the public.

sensey
sensey - Thursday June 11, 2009 04:04PM EDT

Talk about "keeping it real", let's not forget the role our friendly congress-people play in this whole mess. Shamelessly pandering to the humanoids in their districts, they pile on like rats onto the perceived "enemies of the people" and act like nothing so much as innocent bystanders. All the while, the corrupt likes of Chris Dodd, Barney Frank (to name the most prominent pair) were the ones directly responsible for the carnage at Fannie, Freddy and their feeder institutions. //////// ////////// And these gutless wonders from BofA and the like sit there and genuflect to the scumlords. We can send them all packing next year. Ready, people? Time for a gut check.

Yahoo! Finance User
Yahoo! Finance User - Thursday June 11, 2009 04:05PM EDT

Poster #2 forgets the massive fraud perpetrated by the govn. - they contributed to all this. 1st Clinton's administration pressures Fannie & Freddie to lower their credit standards so that the poor can obtain a home lone 2nd Clinton repeals the GLass-Steagall Act, 3rd Jessie Jackson shows up at a BofA share holders meeting to chastize Ken for not lending more to the poor 4th Govn passes community reinvestment act. 4th Govn encourages lending to illegals - need I say more. And why is no one outraged that executives at Fannie & Freddie will be receiving $210 million in bonuses over an 18 month period or that GM shareholders are given the shaft yet AUW become part owners even though they never supported GM by purchasing shares.

james
james - Thursday June 11, 2009 04:08PM EDT

I think Ben should be jailed with Hank in the same cell.!

the doctor
the doctor - Thursday June 11, 2009 04:15PM EDT

hmm, now we have proof the feds strongarmed lewis to lose billions on merril lynch, proof they strongarmed the TARP banks to give up billions on Chrysler, and proof they are strongarming creditors to give up billions on GM, with secret guarantees. how much longer before we see they strongarming the TARP banks to buy the GM and chrysler stocks from the union to complete the money laundering? The feds and the president are rapidly eroding the concept of honesty at the highest levels. and dont get me talking about the overt lies from Big O about jobs creation...

Yahoo! Finance User
Yahoo! Finance User - Thursday June 11, 2009 04:20PM EDT

I have moved all my money out of B of A. I don't like how they do business. I had two eight figure accounts with the above mentioned. I was treated as a number rather than a client. If your wondering I moved the money and split it between SunTrust, UBS, and Nationwide Bank. They treat me like a valued client. B of A and senior leaders are going to get what is coming to them. Greed is sickening!

Ronald
Ronald - Thursday June 11, 2009 04:24PM EDT

I'm a B of A Stockholder, and I fired Lewis yesterday. He should have emptied his desk by now been gone.

L
L - Thursday June 11, 2009 04:27PM EDT

1) Shutdown Wall Street day trading. These bankers steal your money from every trades 2) Arrest the top 10% earners in Wall Street, prosecute them as the terrorists then jail them in Cuba.

David
David - Thursday June 11, 2009 04:32PM EDT

The public is always looking for scaoegoats and conspiracies. The congress is looking for personal publicity and the media is accommodating both. Bernanke is a man of great courage. He had to act qucidkly to try to save the economy and in my view did a great job. A brilliant, courageous man. Can you imagine the pressure he was under. All we have to do is have 20-20 hindsight and belly-ache---Find some one to hang the blame on.

__A_YAHOO_USER__
__A_YAHOO_USER__ - Thursday June 11, 2009 04:36PM EDT

have any of those turnips in D. C. look between their legs for ba!!s.

- Thursday June 11, 2009 04:47PM EDT

It will all turn out well...except we, the taxpayers, and our grandchildren will be paying forever, because of our corrupt government dealings. This will continue as long as we have have the likes of Frank, Pelosi and Dodd.

Yahoo! Finance User
Yahoo! Finance User - Thursday June 11, 2009 04:57PM EDT

In response to: "....forgets the massive fraud perpetrated by the govn. - they contributed to all this. 1st Clinton's administration pressures Fannie & Freddie to lower their credit standards so that the poor can obtain a home lone 2nd Clinton repeals the GLass-Steagall Act..." you are soooo right on that.. People just default to "the past 8 years" comment.. People, please...please...please read up on this stuff... You'll be amazed (maybe even stunned) by the details. Go ahead, read about the history of all this dating back to the mid-late 90's.. I don't want to point fingers at any one particular administration (lets face it, everyone had their little piece even the people) but its always good to read the facts and how, when all put together gives us this nice big mess..

Dean
Dean - Thursday June 11, 2009 05:01PM EDT

Bingo! Nail hit! We have a winnah! This poster "gets it" and so should the rest of ya=========Poster #2 forgets the massive fraud perpetrated by the govn. - they contributed to all this. 1st Clinton's administration pressures Fannie & Freddie to lower their credit standards so that the poor can obtain a home lone 2nd Clinton repeals the GLass-Steagall Act, 3rd Jessie Jackson shows up at a BofA share holders meeting to chastize Ken for not lending more to the poor 4th Govn passes community reinvestment act. 4th Govn encourages lending to illegals - need I say more. And why is no one outraged that executives at Fannie & Freddie will be receiving $210 million in bonuses over an 18 month period or that GM shareholders are given the shaft yet AUW become part owners even though they never supported GM by purchasing shares.

Fred
Fred - Thursday June 11, 2009 05:15PM EDT

Congress ought to move on.

Yahoo! Finance User
Yahoo! Finance User - Thursday June 11, 2009 05:18PM EDT

I think Lewis is actually pretty brilliant. He turned the MAC clause against Bernanke and Paulson and used it as leverage to buy Merrill... leverage for TARP monies, which he's already admitted that without, he never would have even considered the deal. And now, by appearing to have been squeezed by the government to just "do it", he's shifted the blame to the Treasury and the Fed. He kept over-paid executive bonuses in place (they were, after all, contractual), and kept just enough (read "non-disclosure") from the stockholders to push the whole thing through. Early rumors indicate the MAC was so tight he wouldn't have been able to nix the deal anyway. Only time - and more "committee" revelations - will tell all. And Lewis won't lose a thing - I doubt he really gave a damn if the Feds "fired" him, he was about to retire anyway.

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